The Army intends to put a Joint Base Lewis-McChord infantryman on trial for allegedly murdering an Afghan civilian despite two reports from an Army investigator that were critical of the military’s case against the soldier.
Spc. Michael Wagnon, 31, allegedly shot at an Afghan noncombatant during a patrol in February 2010 to help another soldier cover up a murder. He’s one of five soldiers from the 5th Brigade, 2nd Infantry Division accused of murdering Afghan civilians during their deployment last year.
Army investigator Maj. Michael Liles twice has heard testimony and read evidence against Wagnon at pretrial hearings. He wrote reports after both hearings suggesting the Army had a weak case against Wagnon.
In July, Liles wrote his second report, which criticized Pvt. Jeremy Morlock, the Army’s key witness against Wagnon. Morlock has pleaded guilty to participating in three murders; he claimed Wagnon chose to participate in the February 2010 killing.
Morlock has given at least two varying descriptions of that incident, one of which suggested that Wagnon didn’t know the killing was staged by Morlock and codefendant Staff Sgt. Calvin Gibbs.
Wagnon, of Las Vegas, has acknowledged that he shot in the direction of the Afghan, but he has said he did so because he believed Gibbs was under attack.
Liles’ reports were submitted at different times to Lewis-McChord’s senior Army officer, a position that changed hands in recent months. Both generals separately considered the evidence and chose to move forward with the case.
Wagnon was in court Thursday for an arraignment. The Army has not set a date for his court-martial.
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